My spouse has had an affair, will it impact the divorce settlement?
Having an affair is a common reason which can lead to the end of a marriage, but it rarely results in one spouse getting a better divorce settlement. There are however exceptions to every rule.
An affair is not reason enough for a judge to award someone a bigger share of the marital assets.
However, if your spouse wastefully disposes of marital assets in conducting the affair or borrows money against marital assets to support the affair a Judge may award you a greater share of assets, especially if your housing needs cannot be met from what is left in the marital pot.
Additionally, it is worth bearing in mind that cheating is generally not considered when discussing future childcare arrangements. Infidelity is not regarded as a sign of bad parenting. That said, there does need to be careful consideration of when and how a new partner should be introduced to children and there will be other practical issues that need to be considered too. The impact of any affair and how it may have affected children is something that may need to be considered.
Family mediation is a way you can meet with your spouse to discuss the issues relating to the breakdown of your relationship. In mediation you can discuss and reach agreements about how you will progress a divorce, arrangements for your children and how your finances should be dealt with and then formal agreements and, where necessary, court orders obtained to record the agreement reached.
If you would like more information about how mediation can help you reach an agreement and stay out of court you may find that some of the information on our website is helpful – www.familymediationandmentoring.co.uk On our website you can also book a free call using our calendar booking system so that you can ask us any questions that you may have. We also offer an online Zoom appointment called a “Family law information meeting – FLIM” for couples who want to meet with us and ask about what things they should be considering so that they can then discuss and agree next steps together.
Our telephone number – 0800 206 2258
Our email – firstname.lastname@example.org